Understanding Colorado County Collective Bargaining: Overview & Process

Colorado County Treasurers and Public Trustees Association Fall Conference Colorado County Collective Bargaining October 16, 2024

Colorado County Collective Bargaining Overview of COBCA July 1, 2023 County Employees gained the right to unionize. Applies to all Elected Offices within a covered County. Exclusions: Combined cities and counties, home rule counties, and counties with populations smaller than 7,500 in last census. Employees in a union can bargain regarding all terms and conditions of employment.

Colorado County Collective Bargaining Collective Bargaining: Terms to Know Bargaining Unit A group of County employees in a unit deemed appropriate for the purpose of collective bargaining, except that the unit does not include: 1) Confidential employees; 2) Managerial Employees; 3) Executive Employees or 4) Temps working less than 90 days in a year. Employee Organization A non profit organization that engages with a County concerning wages, hours, and other terms and conditions of employment and that represents or seeks to represent County employees in a bargaining unit.

Colorado County Collective Bargaining Collective Bargaining: Terms to Know Collective Bargaining Mutual obligation of County and Union to: 1) Meet at reasonable times and negotiate in good faith with respect to terms and conditions of employment 2) Resolve questions arising under a negotiated Collective Bargaining Agreement through agreed on procedures 3) Execute a written contract on agreements reached. CDLE Colorado Department of Labor and Employment The Director The Director of the Colorado Department of Labor and Employment

Colorado County Collective Bargaining How it Works Organizing can Begin: Employees can meet/discuss with each other and unions using County owned communication channels on break time. Employees Gather Signatures for Showing of Interest Union must collect signatures from at least 30% of group they want to unionize. Once collected, they submit to the Division for counting and verification.

Colorado County Collective Bargaining How it Works Determination of Sufficiency: State then directs County to distribute notices to all employees on proposed unit. Also requires County to provide employee information to union, including personal contact information. Secret Ballot Election Director sets date for election, typically within 30 days from receipt of petition. Director determines whether it s in person or by mail.

Colorado County Collective Bargaining How it Works In the Election, if the Union receives 50% +1 of the votes cast: A union is formed. If Union does not get 50%+1: Union is not formed. Note, it s based on votes cast, not employees eligible to vote.

Colorado County Collective Bargaining Next Steps If the Union is voted in, then the unit forms, and the County is required to bargain with the Union over terms and conditions of employment for the covered employees. Employees choose whether to pay dues. Even employees who voted no, or did not vote are covered by the bargaining, and any terms agreed to.

Colorado County Collective Bargaining Other Things to Know Counties must stay neutral with regard to organizing. There is some allowance for Elected Officials to express personal opinions. In the pre-election process, can t use paid County time for union activities. Employees/union can use County email systems or rooms for meetings. If unit is formed, County Commissioners are charge with ratifying any agreement.

Colorado County Collective Bargaining Other Things to Know County doesn t have to agree to anything, but does have to bargain in good faith. If there is a bargaining impasse, there is a mediation and then arbitration requirement, but no terms can be forced on either side.

Colorado County Collective Bargaining Thank you! Christine Kuehnast, Esq., SPHR, SHRM-SCP Employee Relations Manager Larimer County